can I use sick leave before my maternity leave starts?

[rach85]

I just pm'd you.... Not sure if you'll know but worth a crack!!!

[Lostsoul201]

I work in HR and part of my role is to look after parental leave for all of our staff around of Australia. There are a few things i wanted to clear up which i yhink some previous posters may have confused. While some companies are lenient with the use of personal/carer's leave (previously known as sick leave), by law it is to be used for a personal illness or emergency, or an illness or emergency of an immediate family member who requires care or support. Pregnancy is NOT an illness or emergency, however pregnancy related conditions (ie high blood pressure, severe morning sickness etc) are. So an OB checkup is not a reason to use personal/carer's leave.
There is a form of unpaid leave called 'special maternity leave' which can be taken prior to the 6 weeks immediately before the expected due date. It is for when a pregnancy ends after 12 weeks or pregnancy-related illness which stops the pregnant employee from working.
It is only if there is no 'safe job' available that the employee will be entitled to 'no safe job leave' which is paid by the employer and does not come out of any of your leave.
Happy to answer any questions that others may have as I recently put together an in-depth parental leave guide to distribute to our pregnant staff so feel that I'm pretty well informed on the topic. Also the Fair Work Australia and Fair Work Ombudsman websites are great resources.

Hi

Can you tell me how does this work if you have a pregnancy related injury. My Ob wants me to go down to 4 days a week due to bad upper abdominal pain when sitting. This has been caused from me being pregnant.

My work has said I can not go from 5 days down to 4 days and take the 5th day as sick leave as its pregnancy related. I understand if it was just becuase i am "pregnant" I can not do that, but as it is due to an injury sustained while pregnant, i believe i can take sick leave as its due to "injury". Does it matter that my injury is pregnancy related?

[newmummy2010]

You can use sick leave , with a certificate if it's for an extended time (depending on the workplace anything 3 days+)

[Tilker]

Pregnancy is NOT an illness or emergency, however pregnancy related conditions (ie high blood pressure, severe morning sickness etc) are. So an OB checkup is not a reason to use personal/carer's leave.
There is a form of unpaid leave called 'special maternity leave' which can be taken prior to the 6 weeks immediately before the expected due date.

This.

I think folks need to be careful following advice regarding this subject if the advice is not from somebody within the HR industries. Just because someone was allowed to do it with there current employer does not make it law or correct advise.

Fairwork's own website states

An eligible pregnant employee is entitled to take unpaid special maternity leave if the employee is not fit for work because of:

1. a pregnancy-related illness

Certainly no mention of using your sick time before Mat Lve.

http://www.fairwork.gov.au/factsheet...nd-the-NES.pdf

http://www.austpayroll.com.au/announ...aternity-leave


Having said that, I think most employers would be understanding and allow some amount of sick time before Mat Lve. Probably because they are unaware of the rules as well.